| Court: | cod |
| Docket #: | 1:13-cv-02707 |
| Case Name: | Malibu Media, LLC v. Butler |
| PACER case #: | 143513 |
| Date filed: | 2013-10-03 |
| Date terminated: | 2015-01-20 |
| Date of last filing: | 2015-01-20 |
| Assigned to: | Judge Wiley Y. Daniel |
| Referred to: | Magistrate Judge Michael E. Hegarty |
| Case Cause: | 17:101 Copyright Infringement |
| Nature of Suit: | 820 Copyright |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Malibu Media, LLC Plaintiff |
Jason Aaron Kotzker |
| John Doe subscriber assigned IP address 71.229.236.179 Defendant TERMINATED: 12/23/2013 |
|
| John Butler Defendant |
Richard W. Hanes |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2013-10-03 | 1 | 0 | Complaint | COMPLAINT against John Doe subscriber assigned IP address 71.229.236.179 (Filing fee $ 400, Receipt Number 1082-3561621), filed by Malibu Media, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Kotzker, Jason) (Entered: 10/03/2013) | ||
| 2013-10-03 | 2 | 0 | Case Assigned to Judge | Case assigned to Judge Wiley Y. Daniel and drawn to Magistrate Judge Micheal E. Hegarty. Text Only Entry. (agarc, ) (Entered: 10/03/2013) | ||
| 2013-10-03 | 3 | 0 | Report re: Patent/Trademark/Copyright | REPORT on the filing of an action mailed to Register of Copyrights. (agarc, ) (Entered: 10/03/2013) | ||
| 2013-10-03 | 4 | 0 | Magistrate Judge Consent Form | Magistrate Judge Consent Form issued. (agarc, ) (Entered: 10/03/2013) | ||
| 2013-10-04 | 5 | 0 | Corporate Disclosure Statement | CORPORATE DISCLOSURE STATEMENT. (Kotzker, Jason) (Entered: 10/04/2013) | ||
| 2013-10-04 | 6 | 0 | Motion for Leave | MOTION for Leave to Serve a Third Party Subpoena Prior to a Rule 26(f) Conference by Plaintiff Malibu Media, LLC. (Attachments: # 1 Memorandum of Law, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Proposed Order (PDF Only))(Kotzker, Jason) (Entered: 10/04/2013) | ||
| 2013-10-04 | 7 | 0 | Order Referring Case to Magistrate Judge | ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty for non-dispositive matters. That pursuant to 28 U.S.C. ยง 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this matter is referred to the assigned United States Magistrate Judge is designated to conduct proceedings in this civil action as follows: (1) Convene a scheduling conference under Fed.R.Civ.P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2. (2) Conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause. (3) Hear and determine pretrial matters, including discovery and other non-dispositive motions. (4) Alternative Dispute Resolution Authority: Court sponsored alternative dispute resolution is governed by D.C.COLOLCivR 16.6. On the recommendation or informal request of the magistrate judge, or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. (5) Conduct a pretrial conference and enter a pretrial order. It is further ORDERED that parties and counsel shall be familiar and comply with the above judge's requirements found at www.cod.uscourts.gov. Entered by Judge Wiley Y. Daniel on 10/4/13. Text Only Entry (wydcd, rrk) (Entered: 10/04/2013) | ||
| 2013-10-04 | 8 | 0 | Memorandum | MEMORANDUM regarding 6 MOTION for Leave to Serve a Third Party Subpoena Prior to a Rule 26(f) Conference filed by Malibu Media, LLC. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Wiley Y. Daniel on 10/4/13. Text Only Entry (wydcd, rrk) (Entered: 10/04/2013) | ||
| 2013-10-07 | 9 | 0 | Order on Motion for Leave | ORDER granting in part and denying in part 6 Plaintiff's Motion and Memorandum for Leave to Serve a Third Party Subpoena Prior to a Rule 26(f) Conference, by Magistrate Judge Michael E. Hegarty on 10/7/2013. (mehcd) (Entered: 10/08/2013) | ||
| 2013-10-08 | 10 | 0 | Minute Order | MINUTE ORDER: The above captioned case has been referred to Magistrate Judge Michael E. Hegarty pursuant to an Order Referring Case entered by Senior Judge Wiley Y. Daniel. It is hereby ORDERED that the Plaintiff shall file a status report within five (5) days of the date of this order, then on the tenth day of each month thereafter, informing the Court of the status of service in this case. For its monthly reports, the Plaintiff need not file a separate report in each case, but may include this case in one monthly report of associated cases; however, the Plaintiff shall separately notify the Court in which case the monthly status report is filed. By Magistrate Judge Michael E. Hegarty on 10/8/2013. Text Only Entry (mehcd) (Entered: 10/08/2013) | ||
| 2013-10-09 | 11 | 0 | Notice of Case Association | NOTICE OF CASE ASSOCIATION by Plaintiff Malibu Media, LLC (Kotzker, Jason) (Entered: 10/09/2013) | ||
| 2013-12-23 | 12 | 0 | Amended Complaint | AMENDED COMPLAINT against John Butler, filed by Malibu Media, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kotzker, Jason) (Entered: 12/23/2013) | 2014-03-13 11:38:42 | cbbe5106e683fe7357f72bcf1672c6e4957bfa78 |
| 12 | 1 | Exhibit A | 2014-03-13 11:39:36 | 427fcc39bb1b5a6e30d1b69eb76d2ad2cda51299 | ||
| 12 | 2 | Exhibit B | 2014-03-13 11:40:04 | 97a77253bd14a8879e20bbc9e8634e8e6b92631f | ||
| 2013-12-23 | 13 | 0 | Summons Request | SUMMONS REQUEST as to John Butler re 12 Amended Complaint by Plaintiff Malibu Media, LLC. (Kotzker, Jason) (Entered: 12/23/2013) | ||
| 2013-12-23 | 14 | 0 | Summons Issued | SUMMONS issued by Clerk. Magistrate Judge Consent Form attached. (Attachments: # 1 Magistrate Judge Consent Form) (jjhsl, ) (Entered: 12/23/2013) | ||
| 2014-01-14 | 15 | 0 | Summons Returned Executed | SUMMONS Returned Executed by Malibu Media, LLC. John Butler served on 1/10/2014, answer due 1/31/2014. (Kotzker, Jason) (Entered: 01/14/2014) | ||
| 2014-01-20 | 16 | 0 | Motion for Extension of Time to File Answer or Otherwise Respond | Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 12 Amended Complaint by Defendant John Butler. (Hanes, Richard) (Entered: 01/20/2014) | ||
| 2014-01-21 | 17 | 0 | Memorandum | MEMORANDUM regarding 16 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 12 Amended Complaint filed by John Butler. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Wiley Y. Daniel on 1/21/14. Text Only Entry (wydcd, rrk) (Entered: 01/21/2014) | ||
| 2014-01-22 | 18 | 0 | Order on Motion for Extension of Time to Answer or Otherwise Respond | MINUTE ORDER granting 16 Motion for Extension of Time to Answer or Otherwise Respond. John Butler answer due 02/17/14 by Magistrate Judge Michael E. Hegarty on 01/22/14.(jhawk, ) (Entered: 01/22/2014) | ||
| 2014-01-31 | 19 | 0 | Minute Order | MINUTE ORDER Setting Scheduling Conference for 2/25/2014 10:00 AM before Magistrate Judge Michael E. Hegarty by Magistrate Judge Michael E. Hegarty on 01/31/14. (jhawk, ) (Entered: 01/31/2014) | ||
| 2014-02-12 | 20 | 0 | Motion to Dismiss | MOTION to Dismiss Under Federal Rules of Civil Procedure 12(b)(6) by Defendant John Butler. (Hanes, Richard) (Entered: 02/12/2014) | 2014-03-12 04:51:20 | 9a576c4370a4dac186eac993394d3d6e53519dd0 |
| 2014-02-13 | 21 | 0 | Memorandum | MEMORANDUM regarding 20 MOTION to Dismiss Under Federal Rules of Civil Procedure 12(b)(6) filed by John Butler. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Wiley Y. Daniel on 2/13/14. Text Only Entry (wydcd, rrk) (Entered: 02/13/2014) | ||
| 2014-02-18 | 22 | 0 | Proposed Scheduling Order | Proposed Scheduling Order by Plaintiff Malibu Media, LLC. (Kotzker, Jason) (Entered: 02/18/2014) | ||
| 2014-02-25 | 23 | 0 | Scheduling Conference | COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael E. Hegarty: Telephonic Scheduling Conference held on 2/25/2014. Rule 26(a)(1) Disclosures due by 3/18/2014. Settlement Conference set for 4/23/2014 at 9:30 AM in Court's facility in Colorado Springs, 212 N. Wahsatch Avenue, before Magistrate Judge Michael E. Hegarty. Final Pretrial Conference set for 2/9/2015 at 9:30 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. FTR: C. Pearson -- Courtroom A-501. (mehcd) (Entered: 02/25/2014) | 2014-03-13 12:55:51 | d404782e9b977694239055b4a64d6d9a3493ba10 |
| 2014-02-25 | 24 | 0 | Scheduling Order | SCHEDULING ORDER: Discovery due by 10/17/2014. Dispositive Motions due by 12/10/2014. By Magistrate Judge Michael E. Hegarty on 2/25/2014. (mehcd) (Entered: 02/25/2014) | 2014-03-13 12:56:46 | 6502f1e8e7d6c39e9660b38010604f1daa39099d |
| 2014-03-05 | 25 | 0 | Brief in Opposition to Motion | BRIEF in Opposition to 20 MOTION to Dismiss Under Federal Rules of Civil Procedure 12(b)(6) filed by Plaintiff Malibu Media, LLC. (Kotzker, Jason) (Entered: 03/05/2014) | ||
| 2014-03-11 | 26 | 0 | Reply to Response to Motion | REPLY to Response to 20 MOTION to Dismiss Under Federal Rules of Civil Procedure 12(b)(6) filed by Defendant John Butler. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2)(Hanes, Richard) (Entered: 03/11/2014) | 2014-03-12 14:24:56 | 5666f08ecb1b7630233dba3cc9436a2466501387 |
| 26 | 1 | Exhibit Exhibit 1 | 2014-03-13 14:03:40 | 246568c85ca7c62a18f49ddced8a9eb67d0395dd | ||
| 26 | 2 | Exhibit Exhibit 2 | 2014-03-12 14:23:16 | 58e8b2f69f3111acb85400248e9411116aeef426 | ||
| 2014-04-18 | 27 | 0 | Motion for Leave | MOTION for Leave to Appear Telephonically at the April 23, 2014 Settlement Conference 23 Scheduling Conference,,, Set Scheduling Order Deadlines,, by Plaintiff Malibu Media, LLC. (Attachments: # 1 Proposed Order (PDF Only))(Kotzker, Jason) (Entered: 04/18/2014) | 2014-04-28 18:59:12 | 9b678316758b2dda621d1c42b730ab11aa281071 |
| 2014-04-18 | 28 | 0 | Memorandum | MEMORANDUM regarding 27 MOTION for Leave to Appear Telephonically at the April 23, 2014 Settlement Conference 23 Scheduling Conference,,, Set Scheduling Order Deadlines,, filed by Malibu Media, LLC. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Wiley Y. Daniel on 4/18/14. Text Only Entry (rkeec) (Entered: 04/18/2014) | ||
| 2014-04-18 | 29 | 0 | Order on Motion for Leave | MINUTE ORDER granting 27 Plaintiff's Motion for Leave to Appear Telephonically at the Settlement Conference Scheduled for April 23, 2014, by Magistrate Judge Michael E. Hegarty on 4/18/2014. (cpear) (Entered: 04/18/2014) | 2014-04-21 19:45:12 | 28532051c48a32f95e38f92aba33748ea7c2c7f4 |
| 2014-04-22 | 30 | 0 | Minute Order | MINUTE ORDER At the request of the parties, the Settlement Conference scheduled for April 23, 2014 is vacated. If the parties wish to schedule a settlement conference in this case at a later date, they shall first teleconference together then call my Chambers at (303) 844-4507 to arrange the conference, by Magistrate Judge Michael E. Hegarty on 4/22/2014. (evana, ) (Entered: 04/22/2014) | 2014-04-27 10:26:00 | 121d7ee2be98167ed174c95a78b64455e5c69212 |
| 2014-04-24 | 31 | 0 | Report and Recommendations | RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE that 20 Defendant's Motion to Dismiss Under Federal Rules [sic] of Civil Procedure be denied, by Magistrate Judge Michael E. Hegarty on 4/24/2014. (cpear) (Entered: 04/25/2014) | 2014-04-28 17:58:23 | 7dd034bdb06a6d46cca9304606b8baeb45c1e8b6 |
| 2014-05-07 | 32 | 0 | Objection to Report and Recommendations | OBJECTION to 31 Report and Recommendations For Denial of Defendant's Motion To Dismiss Under Federal Rules of Civil Procedure 12(b)(6) filed by Defendant John Butler. (Hanes, Richard) (Entered: 05/07/2014) | 2014-05-07 21:12:14 | 5e897e549865fecfaf1d2b7ab03a5c1f6ead03ec |
| 2014-05-21 | 33 | 0 | Response to Objection to Report and Recommendation | RESPONSE to Objection to 31 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re 20 MOTION to Dismiss Under Federal Rules of Civil Procedure 12(b)(6) filed by John Butler filed by Plaintiff Malibu Media, LLC. (Kotzker, Jason) (Entered: 05/21/2014) | 2014-06-17 11:59:41 | f0a5aec864e5de012a34427a55d1b72975023484 |
| 2014-07-08 | 34 | 0 | Order on Motion to Dismiss | ORDER that the Recommendation of United States Magistrate Judge ECF No. 31 is AFFIRMED and ADOPTED as an order of this court. It is FURTHER ORDERED that the defendants Motion To Dismiss ECF No. 20 is DENIED, by Judge Wiley Y. Daniel on 7/8/2014.(evana, ) (Entered: 07/08/2014) | 2014-07-08 21:28:48 | da1a74c1c593f8a79967accdc8639090c4122405 |
| 2014-07-17 | 35 | 0 | Answer to Amended Complaint | ANSWER to 12 Amended Complaint and Affirmative Defenses by John Butler.(Hanes, Richard) (Entered: 07/17/2014) | 2014-07-25 06:16:48 | 952985686dece191a5b7bce11bb5d92329561386 |
| 2014-08-07 | 36 | 0 | Motion to Strike | MOTION to Strike Defendant's Affirmative Defenses by Plaintiff Malibu Media, LLC. (Kotzker, Jason) (Entered: 08/07/2014) | 2014-08-20 14:04:29 | a5c47adbe11fbf9632869491d02dc8dca838e68a |
| 2014-08-07 | 37 | 0 | Memorandum | MEMORANDUM regarding 36 MOTION to Strike Defendant's Affirmative Defenses filed by Malibu Media, LLC. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Wiley Y. Daniel on 8/7/14. Text Only Entry (rkeec) (Entered: 08/07/2014) | ||
| 2014-08-11 | 38 | 0 | Motion for Extension of Time | Unopposed MOTION for Extension of Time to Serve Expert Witness Report by Plaintiff Malibu Media, LLC. (Attachments: # 1 Proposed Order)(Kotzker, Jason) (Entered: 08/11/2014) | 2014-08-20 14:05:22 | 74751c657d189def426134f18a041ca177ea1be2 |
| 38 | 1 | Proposed Order | ||||
| 2014-08-11 | 39 | 0 | Memorandum | MEMORANDUM regarding 38 Unopposed MOTION for Extension of Time to Serve Expert Witness Report filed by Malibu Media, LLC. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Wiley Y. Daniel on 8/11/14. Text Only Entry (rkeec) (Entered: 08/11/2014) | ||
| 2014-08-12 | 40 | 0 | Order on Motion for Extension of Time to File | MINUTE ORDER granting in part and denying in part 38 Plaintiffs Unopposed Motion for Extension of Time Within Which to Serve Expert Witness Reports. Discovery due by 11/17/2014; Dispositive Motions due by 12/19/2014, by Magistrate Judge Michael E. Hegarty on 8/12/2014.(evana, ) (Entered: 08/12/2014) | 2014-08-20 14:07:25 | e3de71c7f64be61b48e9db3ca32914794723a19d |
| 2014-08-13 | 41 | 0 | Report and Recommendations | RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re 36 MOTION to Strike Defendant's Affirmative Defenses filed by Malibu Media, LLC, be granted, by Magistrate Judge Michael E. Hegarty on 8/13/2014. (evana, ) (Entered: 08/13/2014) | 2014-08-20 14:08:32 | 5b0af727d5eab05c29de79b3cc21a2ea5c3970f2 |
| 2014-08-14 | 42 | 0 | Objection to Report and Recommendations | OBJECTION to 41 Report and Recommendations To Magistrate's Recommendation That Plaintiff's Motion To Strike Defendant's Affirmative Defenses Be Granted filed by Defendant John Butler. (Hanes, Richard) (Entered: 08/14/2014) | 2014-08-20 14:15:53 | 741c4ce99b4c3e6f66209ad0c379f90ad4431479 |
| 2014-09-10 | 43 | 0 | Motion for Extension of Time | Unopposed MOTION for Extension of Time to Serve Expert Witness Reports by Plaintiff Malibu Media, LLC. (Attachments: # 1 Proposed Order (PDF Only))(Kotzker, Jason) (Entered: 09/10/2014) | 2014-09-22 15:56:16 | 9dadb7a3ea5111df85baaef52e2899934c522524 |
| 43 | 1 | Proposed Order (PDF Only) | ||||
| 2014-09-11 | 44 | 0 | Memorandum | MEMORANDUM regarding 43 Unopposed MOTION for Extension of Time to Serve Expert Witness Reports filed by Malibu Media, LLC. Motion referred to Magistrate Judge Michael E. Hegarty by Judge Wiley Y. Daniel on 9/11/14. Text Only Entry (rkeec) (Entered: 09/11/2014) | ||
| 2014-09-11 | 45 | 0 | Order on Motion for Extension of Time to File | MINUTE ORDER granting 43 Plaintiffs Second Unopposed Motion for Extension of Time Within Which to Serve Expert Witness Reports Discovery due by 1/16/2015, Dispositive Motions due by 2/19/2015, by Magistrate Judge Michael E. Hegarty on 9/11/2014.(evana, ) (Entered: 09/12/2014) | 2014-09-22 15:54:11 | 91faf8a74113ae1999f51778a87c28414883d7b8 |
| 2014-09-16 | 46 | 0 | Order on Report and Recommendations | ORDER that the Recommendation of United States Magistrate Judge ECF No. 41 is AFFIRMED and ADOPTED as an order of this court. Defendants objections ECF No. 42 are OVERRULED. It is FURTHER ORDERED that the Plaintiffs Motion to Strike Affirmative Defenses ECF No. 36 is GRANTED to the extent that Defendants First, Second, and Fifth Defenses are hereby STRICKEN, by Judge Wiley Y. Daniel on 9/16/2014.(evana, ) (Entered: 09/16/2014) | 2014-09-22 15:58:36 | c1ecba8a54bf88b3005f1175ee2d8f85f8e1830e |
| 2014-12-18 | 47 | 0 | NOTICE of Settlement by Plaintiff Malibu Media, LLC (Kotzker, Jason) (Entered: 12/18/2014) | 2017-09-29 18:45:58 | 88c3811e51008a1355898ffb0c8c7a65ba70ac10 | |
| 2014-12-18 | 48 | 0 | MINUTE ORDER re: 47 Notice of Settlement filed by Malibu Media, LLC Dismissal Paper due by 1/20/2015, by Magistrate Judge Michael E. Hegarty on 12/18/2014. (evana, ) (Entered: 12/19/2014) | |||
| 2015-01-20 | 49 | 0 | STIPULATION of Dismissal of Case by Plaintiff Malibu Media, LLC. (Attachments: # 1 Proposed Order (PDF Only))(Kotzker, Jason) (Entered: 01/20/2015) | 2017-09-29 18:47:42 | 9ec892c77ee47bc5c2366df719f7978e46838f5b | |
| 49 | 1 | Proposed Order (PDF Only) | ||||
| 2015-01-20 | 50 | 0 | ORDER DISMISSING CASE All Plaintiffs and Defendant John Butlers claims against each other in this matter are hereby DISMISSED WITH PREJUDICE. Each party shall bear its own attorneys fees and costs, by Judge Wiley Y. Daniel on 1/20/2015. (evana, ) (Entered: 01/20/2015) | |||
| 2015-01-20 | 51 | 0 | REPORT on the determination of an action mailed to Register of Copyrights (evana, ) (Entered: 01/20/2015) |